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Canada Border Services Agency Act (S.C. 2005, c. 38)

Assented to 2005-11-03

Marginal note:2001, c. 27

Immigration and Refugee Protection Act

118. Section 4 of the Immigration and Refugee Protection Act is replaced by the following:

Marginal note:Minister of Citizenship and Immigration

  • 4. (1) Subject to subsection (2), the Minister of Citizenship and Immigration is responsible for the administration of this Act.

  • Marginal note:Solicitor General of Canada

    (2) The Minister as defined in section 2 of the Canada Border Services Agency Act is responsible for the administration of this Act as it relates to

    • (a) examinations at ports of entry;

    • (b) the enforcement of this Act, including arrest, detention and removal;

    • (c) the establishment of policies respecting the enforcement of this Act and inadmissibility on grounds of security, organized criminality or violating human or international rights; or

    • (d) determinations under any of subsections 34(2), 35(2) and 37(2).

  • Marginal note:Specification

    (3) Subject to subsections (1) and (2), the Governor in Council may specify

    • (a) which Minister referred to in subsections (1) and (2) shall be the Minister for the purposes of any provision of this Act; and

    • (b) that both Ministers may be the Minister for the purposes of any provision of this Act and the circumstances under which each Minister shall be the Minister.

  • Marginal note:Publication

    (4) Any order made under subsection (3) must be published in Part II of the Canada Gazette.

Marginal note:2004, c. 15, s. 72

  • 119. (1) Paragraphs 150.1(1)(a) and (b) of the Act are replaced by the following:

  • Marginal note:2004, c. 15, s. 72

    (2) Subsection 150.1(2) of the Act is replaced by the following:

    • Marginal note:Conditions

      (2) Regulations made under subsection (1) may include conditions under which the collection, retention, use, disposal and disclosure may be made.